Lawson v. Hurt

Duckworth, Chief Justice.

Our law, Code § 113-101, defines a will as follows: “A will is the legal declaration of a person’s intention as to the disposition of his property after his death.” It should not be difficult when tested by this definition to determine if any document is a will; yet there is undoubtedly much confusion as to when probate should be denied. If there is a will the executor may possess undevised property and administer the entire estate, holding the residuum after payment of debts and legacies for distribution according to law. Code § 113-1503; Lamar v. Gardner, 113 Ga.…